BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100008460 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Persian Gulf region during Operation Desert Storm and awards earned as a result of this service.

2.  The applicant states his DD Form 214 and DD Form 215 (Correction to DD Form 214) do not show this service.  He adds that he was not awarded all the awards for serving in the Persian Gulf region during Operation Desert Storm.

3.  The applicant provides his DD Form 214 for the period ending 8 May 1991 and a DD Form 215 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 28 January 1986 and upon completion of initial entry training was awarded military occupational specialty 67V (Observation/Scout Helicopter Repairer).  He was released from active duty and transferred to U.S. Army Reserve Control Group (Reinforcement) on 
26 January 1989.

3.  U.S. Total Army Personnel Command, Saint Louis, MO, Orders Number 
A-01-010432, dated 10 January 1991, ordered the applicant to active duty in support of Operation Desert Shield.  He entered active duty on 14 January 1991 and was released from active duty on 8 May 1991.

4.  Item 12f (Foreign Service) of his DD Form 214 for the period ending 8 May 1991 shows he completed 3 months and 10 days of foreign service and item 
13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, National Defense Service Medal, and Army Achievement Medal.

5.  The applicant was issued a DD Form 215, dated 11 February 1992, which corrected his DD Form 214 for the period ending 8 May 1991 by amending item 12d (Total Prior Active Service) to show he had 2 years, 11 months, and 29 days of prior active service, item 12e (Total Prior Inactive Service) to show he had 
2 years, 7 months, and 26 days of prior inactive service, item 13 by adding the Overseas Service Ribbon with Numeral 2, Aircraft Crewman Badge, Expert Marksmanship Qualification with Rifle Bar (M-16), and the Army Good Conduct Medal, and item 18 (Remarks) by adding, among other entries, the entry "Ordered to Active Duty in Support of Operation Desert Shield/Storm."

6.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/
Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  This data base shows the applicant served in Southwest Asia (SWA) from 1 February 1991 through 30 April 1991.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the active Army.  It contains instructions for preparing the DD Form 214.  This regulation provides that in item 
18 enter the continuous period of active service for which a Soldier was deployed "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD).

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.   the Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 
30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995).

	b.  the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

	c.  the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to correction of his DD Form 214 to show his service in SWA and awards earned as a result of this service has been carefully reviewed.

2.  The available evidence clearly shows the applicant served in SWA during Operations Desert Shield/Storm and the Desert Shield/Storm Data Base shows he served in SWA from 1 February 1991 through 30 April 1991.  He was issued a DD Form 215 which corrected item 18 of his DD Form 214 by adding an entry that documents his service in SWA; however, the dates of this service were not entered as required by the governing regulation.  Therefore, item 18 of his DD Form 214 should be further amended by adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19910201 – 19910430."

3.  Based on his service in SWA, he is entitled to the SWASM, the KLM-SA, and KLM-KU. Additionally, he participated in two campaigns while in SWA; therefore, he is also entitled to wear two bronze service stars on the SWASM and to have these awards added to his DD Form 214.

BOARD VOTE:

____x____  ___x_____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding to item 13 of his DD Form 214 for the period ending 8 May 1991 the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait);

	b.  adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910201 – 19910430"; and 

	c.  providing him a DD Form 215 that reflects these changes.




      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100008460



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)